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  • satish_hello
    10-16 02:20 PM
    Hi all,

    I am planing to send letter to ombudsman for I-140 , can you some one tell where we should get sign from my employer. i mean which section Employer should sign in that form.

    Can we send 7001 form without employer signature.

    Thanks




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  • inskrish
    09-28 09:59 PM
    I can work on weekend for free, where to apply? atleast i can push some of them out of line. i mean i am very good in approving cases.

    Long live. Libra! :D When you do it , could you please find out my missing application from the mounds of USCIS documents, and push it through the system? :D

    Regards,
    IK




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  • eagerr2i
    12-01 02:02 PM
    Hi Jimi,

    I missed the call yesterday night. How did it go? It is a good idea to get together some time in the near future. I would like to poll where all of us are located in So Cal,so that we could have it at a central place.

    I am in Pasadena. How about others?My email ID is ashish@immigrationvoice.org




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  • desi3933
    07-06 10:50 AM
    ....
    Although 30,000 people are IV members but when you need them except a couple of hundred you don't see anyone.

    How can an organization work which can't even collect 5K a month from its members. We all are willing to spend hundreds ( sometimes thousands ) of dollars on EAD, AP , H1, labor, I-140, I-485, lawyers etc etc and don't even spend 100$ a year (yes not month - a year).
    ......
    .....

    >> Although 30,000 people are IV members
    I beg to differ here. 30k+ plus people have signed up so far, but how many are active now? How many have even logged in IV in last 3 months or even 6 months? I don't see any link to discontinue membership here, so we don't know how many people up signed up and left?

    There is no way to know count of "active members". Many IV members have got GC in last 2 years and they have "quitely" left IV and forgotten the struggle by EB based immigrants. How many members stay at IV after getting GC?

    Many people believe that by getting EAD they are Temp GC holders and motivation for seeking any benefit is gone.

    I am pained to say this, but we are a thankless community.


    .



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  • gc_maine2
    04-04 10:27 AM
    :confused::confused:

    I am excerpting Internal Revenue Code Section 1361 below:
    Internal Revenue Code
    � 1361 S corporation defined.


    (a) S corporation defined.

    (1) In general.
    For purposes of this title, the term �S corporation� means, with respect to any taxable year, a small business corporation for which an election under section 1362(a) is in effect for such year.

    (2) C corporation.
    For purposes of this title, the term �C corporation� means, with respect to any taxable year, a corporation which is not an S corporation for such year.

    (b) Small business corporation.

    (1) In general.
    For purposes of this subchapter, the term �small business corporation� means a domestic corporation which is not an ineligible corporation and which does not�

    (A) have more than 100 shareholders,

    (B) have as a shareholder a person (other than an estate, a trust described in subsection (c)(2) , or an organization described in subsection (c)(6) ) who is not an individual,

    (C) have a nonresident alien as a shareholder, and
    (D) have more than 1 class of stock.

    (2) Ineligible corporation defined.
    For purposes of paragraph (1) , the term �ineligible corporation� means any corporation which is�

    (A) a financial institution which uses the reserve method of accounting for bad debts described in section 585 ,

    (B) an insurance company subject to tax under subchapter L,

    (C) a corporation to which an election under section 936 applies, or

    (D) a DISC or former DISC.

    There is no mention here that the "resident" must be a permanent resident.

    Here is an excerpt of the Federal Regulation that defines who is a "resident alien" for taxation purposes:

    Reg �1.871-2. Determining residence of alien individuals.
    Caution: The Treasury has not yet amended Reg � 1.871-2 to reflect changes made by P.L. 108-357

    (a) General. The term �nonresident alien individual� means an individual whose residence is not within the United States, and who is not a citizen of the United States. The term includes a nonresident alien fiduciary. For such purpose the term �fiduciary� shall have the meaning assigned to it by section 7701(a)(6) and the regulations in Part 301 of this chapter (Regulations on Procedure and Administration). For presumption as to an alien's nonresidence, see paragraph (b) of �1.871-4.

    (b) Residence defined. An alien actually present in the United States who is not a mere transient or sojourner is a resident of the United States for purposes of the income tax. Whether he is a transient is determined by his intentions with regard to the length and nature of his stay. A mere floating intention, indefinite as to time, to return to another country is not sufficient to constitute him a transient. If he lives in the United States and has no definite intention as to his stay, he is a resident. One who comes to the United States for a definite purpose which in its nature may be promptly accomplished is a transient; but, if his purpose is of such a nature that an extended stay may be necessary for its accomplishment, and to that end the alien make his home temporarily in the United States, he becomes a resident, though it may be his intention at all times to return to his domicile abroad when the purpose for which he came has been consummated or abandoned. An alien whose stay in the United States is limited to a definite period by the immigration laws is not a resident of the United States within the meaning of this section, in the absence of exceptional circumstances.

    Here is the relevant Federal Regulation on Proof of Residence for determining status for tax purposes:

    Reg �1.871-4. Proof of residence of aliens.
    (a) Rules of evidence. The following rules of evidence shall govern in determining whether or not an alien within the United States has acquired residence therein for purposes of the income tax.

    (b) Nonresidence presumed. An alien, by reason of his alienage, is presumed to be a nonresident alien.

    (c) Presumption rebutted.

    (1) Departing alien. In the case of an alien who presents himself for determination of tax liability before departure from the United States, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien, at least six months before the date he so presents himself, has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien, at least six months before the date he so presents himself, has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (2) Other aliens. In the case of other aliens, the presumption as to the alien's nonresidence may be overcome by proof�

    (i) That the alien has filed a declaration of his intention to become a citizen of the United States under the naturalization laws; or

    (ii) That the alien has filed Form 1078 or its equivalent; or

    (iii) Of acts and statements of the alien showing a definite intention to acquire residence in the United States or showing that his stay in the United States has been of such an extended nature as to constitute him a resident.

    (d) Certificate. If, in the application of paragraphs (c)(1)(iii) or (2)(iii) of this section, the internal revenue officer or employee who examines the alien is in doubt as to the facts, such officer or employee may, to assist him in determining the facts, require a certificate or certificates setting forth the facts relied upon by the alien seeking to overcome the presumption. Each such certificate, which shall contain, or be verified by, a written declaration that it is made under the penalties of perjury, shall be executed by some credible person or persons, other than the alien and members of his family, who have known the alien at least six months before the date of execution of the certificate or certificates.




    (c) Application and effective dates. Unless the context indicates otherwise, ��1.871-2 through 1.871-5 apply to determine the residence of aliens for taxable years beginning before January 1, 1985. To determine the residence of aliens for taxable years beginning after December 31, 1984, see section 7701(b) and ��301.7701(b)-1 through 301.7701(b)-9 of this chapter. However, for purposes of determining whether an individual is a qualified individual under section 911(d)(1)(A), the rules of ��1.871-2 and 1.871-5 shall continue to apply for taxable years beginning after December 31, 1984. For purposes of determining whether an individual is a resident of the United States for estate and gift tax purposes, see �20.0-1(b)(1) and (2) and � 25.2501-1(b) of this chapter, respectively.


    In summary, I submit to you that if you work in the US for more than 6 months out of a given year, you are a resident alien, and therefore are eligible to set up an S-Corp.

    Since I am still learning about this, any input/feedback/logical arguments with relevant proof/citations would be appreciated!


    Very good info, thanks for the posting. BUt its still not clear whether the spouse who is on EAD and does not work at all or for that matter 6 months in a given year, will she/he be eligible for setting up a S -corp??

    Thanks
    sree




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  • valuablehurdle
    07-19 10:52 AM
    Can anyone please post a 'sample letter' and the contact information?
    I want to post a hard copy of the letter personally to the Atlanta center.

    Stuck since April 15th.



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  • gc_chahiye
    09-28 06:49 PM
    Oh Law Firm Update :

    09/28/2007: Depressing News for the Year-End Backend 485 Delays and Potential Waste of Visa Numbers for FY 2007

    Unconfirmed sources indicate that two days before the end of FY 2007, there may be a substantial number of 485 applications for which visa numbers are available but have yet to be adjudicated, indicating that some visa numbers could be wasted this year. We know that the Service Centers have been working day and night and did not have enough resources to deal with the crisis which was brought about by the recent Visa Bulletin fiasco. We just hope for the better new fiscal year that will start from October 1, 2007.

    wow. just wow. I dont know what to say. These guys NEVER learn.

    huge retrogression, massive backlogs, lives on hold for years, all for this precious resource called a visa number, and they waste them again this year!

    Even after ombudsman took them to task in his report.

    Even after all the publicity of this issue.

    Lawmakers dont allow recapture and USCIS keeps wasting them year after year.

    This is sickening...




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  • ashutrip
    06-16 06:44 PM
    If you are stuck at Atlanta PERM backlog center , please email your case number and explain them that your application has been pending for a LONG time and request them to help us get out of this grave situation. Also, please post on this thread after you have sent an email so that others can be motivated to do the same. We need to send as many emails as possible to get any positive feedback. I know that DOL mentioned that they will start processing our applications soon, but we need to keep up the pressure from our end so that it has some positive effect.

    I know most of the people on this forum are not in this situation ..... but let's see how many can come out of this selfishness and help others by emailing / phoning DOL Atlanta to help other brothers who want to file AOS just like them...... When phone campaigns / email campaigns happen .... we who are stuck at Atlanta help others tooo... so let's see how many on this form help us now...

    Here is the info :
    email : Perm.DFLC@dol.gov
    Phone : 404-893-0101

    Thanks
    Champak (Same as 1 and 2)
    what is your PD?



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  • longwaitfor
    09-09 09:31 AM
    acharaniya/ other members of thread.

    I took home loan from SYNDICATE BANK, Hyderabad 3 yrs ago. The rates were reasonable and I'd recommend them, but you have to compromise little on service. You can directly transfer money from US to Syndicate bank.

    My question here is I didn't knew that we can save money in the form of tax deductable/excemption here in US on interest paid in India for home loans. Could you please let me know further details? If possible the CPA who you worked/working with for tax returns.

    Your help is greatly appreciated.

    thanks bro




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  • bayarea07
    07-18 03:17 PM
    Can you please post this as part of a newsletter to all the members.


    IV action alert $50 per month recurring contribution drive.

    Dear IV members,
    IV has had its first big success this year and we should all be proud of what we can all do. We worked hard and left no stone unturned to get this relief for our members. During the last few days there has been some movement on the National Defense Authorization Act and work on DREAM and SKIL provisions. While we were fully focused on the 485 relief, we did not lose sight of the developments. We have built a positive momentum and have been getting positive signals from key lawmakers. It is now upto us how we can seize the opportunity and focus on the lobbying efforts on legislative front. After seeing the overwhelming support of our members we are also encouraged to move ahead with full steam and explore the possibility of our provisions in the upcoming legislative activities. We also need to explore any other future movement on legislative front. Please join us in this struggle by signing up for $50 or more per month recurring contributions. This minimum amount is important for us to accomplish the kind of results we all desire. The failure of CIR and the political climate against immigration are making the task difficult but not impossible.

    Monthly $50 sign ups will enable us to have a better idea on the funds for the coming months and we can plan our efforts better.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    Thanks again for your continued support.

    IV team

    P.S. After our success with the visa bulletin, our opponents, other organizations and people in DC know that IV has arrived. Congrats everyone.




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  • Beta_mle
    06-10 07:19 AM
    The dates had approached within two months of my priority date then BAM! Unavailable. What a disappointment. This system is just so arbitrary and capricious. Makes no sense. But then maybe it does, I'm still here, working.



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  • samrat_bhargava_vihari
    04-27 02:52 PM
    Hello Onemay,
    I live in Minneapolis. I too am on H4.Same thing happened to both my husband and myself here last October.We had moved recently from Indiana and the DMV said they won't issue new licenses for both myself and my husband (it doesn't matter if u r on H1 or H4)until we give the extended I94. We had our Indiana licences also canceled .We didn't know what to do and then we enquired some of our friends and came to know that if we show our original USCIS Receipts for Extension filed they give ur license for 6 months from the USCIS Receipt Date. So we did that and got our extension until April. U have to show the Original Receipt ,No Xerox .And now we got our extension papers and reapplied for a new license and got it. May be u too can enquire about this,because I think all DMVs tend to follow similar rules.

    This is true. I went through this process several times in Minneapolis.




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  • eb3_nepa
    12-18 02:35 PM
    We have to differentiate ourselves from the illegals. Let the illegals do Rallies, Huger strikes etc.

    I agree. All this Gandhigiri is not going to do anything. Guys lets just stick with lobbying and reduce what we ask for like I mentioned on another thread. As long as everyone gets SOME benefit we should be good.

    Too much of these fasts and rallies is going to do just one thing, it will send a powerful message of the WRONG kind to the American people that "First they come on temporary work visas, then they forcefully demand Permanent residency". It will affect us even more when we go back for visa interviews and also new people coming here will have problems. Also, unfortunate but true, IV is still viewed as an organization For the Indians, By the Indians, even though this is Not true at all. If you add the whole Gandhigiri aspect to it, it will only add more fuel to the hate fire that most anti-immigrants now have against some of us Indians.

    By all means let us send a card every week to the Senators and Congressmen asking for help. A nice personalized card to each one of them EVERY week. Other than that let us PLEASE not entertain thoughts of "non-co-operation" and "Hunger Strikes". Let us remember Gandhiji was fighting to get OUR OWN country back from the FOREIGN British Rule. However we are in ANOTHER country BY OUR OWN WILL! Now we cannot start protesting and fighting that "Give us our GC or we will strike". Please get rid of these self destructive ideas.



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  • priti8888
    07-24 11:42 AM
    But how cud they accept and process the application if his date was not current in june ??


    Correct, They would accept only if his dates were current in June




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  • WeShallOvercome
    08-02 04:08 PM
    I just spoke to a lady at USCIS and she told me they just started working on case receipts for July 2nd and onwards so in next couple of weeks most of you who filed in first week of july should see their receipts..this is what she told me and she sounded very authentic..


    I think they are all on same page. Entering all applications in their systems by monday and another8-10 days for all to get receipts makes it 2 weeks :)



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  • lonedesi
    08-08 08:22 AM
    People who have been waiting for I-140 approvals from TSC & NSC and those filed during Jun-Aug 07, please join this campaign to make it effective. Unless people who are suffering, actively participate in this campaign, we will not be able to achieve anything. Its still not too late...get those letters (modify to your personal situation) and get those DHS Form 7001 completed and mail them out soon. We need to act now, instead of just expressing our frustration on the forums...fight for yourself, no one will do it for you. If not, USCIS with the idiotic rules, will our petitions still pending even one year from today...for some or other reason.
    My sincere thanks to members who have already mailed the documents. Please leave a comment on this thread, so that we have an idea about how many people actually took the time to send it out.




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  • Caliber
    03-04 12:25 PM
    do have your 140 approved?

    My case is also with TSC with 140 approved and there is absolutely no change in the message. There is not even a soft LUD in any of our cases.




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  • ItIsNotFunny
    09-17 05:27 AM
    I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.

    My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.




    gcseeker2002
    08-10 11:05 PM
    I just got mail from lawyer with the Receipt nos for myself & Spouse got online. Receipt notices not yet received.
    Hang on there everyone will get it sooner or later

    I485 Filed: Jul 2nd 7:55 AM (received by R.Williams)
    Revd at : NSC
    Transferred to TSC: No
    ND: Aug 7th
    I-140 approved: Jun 2006 @ TSC
    EB3 PD - May 2002
    As per the tracking no. given by my lawyer, my app also received at 7.55 AM on July 2nd, signed by R.Williams , but my check not cashed yet, no receipts yet, what a mess....




    Blessing&Lifeisbeautiful
    07-24 04:27 PM
    My lawyers have just said I will NOT get an EAD because I don't have a visascreen. EVEN though I have a USA RN license.

    Has anyone heard of this. This is a first for me.

    Anyone with advice? Please help

    BLIB



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